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Phillips Esq., Attorney-at-Law

Category: Consumer Protection Law

Satisfied Customers: 19285

Experience: B.A.; M.B.A.; J.D.

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I filed a petition of guardianship father, and the court

Customer Question

I filed a petition of guardianship for my father, and the court ruled that I would have to pay the fees of the court appointed attorney. The problem is several things:- the ruling has not been written and finalized. The judge is trying to make me pay the attorney fees before he writes the final ruling. I want to appeal the award, but he is blocking my attempts and making the appeal interlocutory.- I live in California and the court is in New Jersey.- I am a judgment collector and familiar with FDCPA laws. It seems to me that the judge is breaking several laws by enforcing his ruling that I pay. He recently said that if I don't show up tomorrow he will issue a warrant for my arrest. This is a judgment examination, but there is no judgment.Please advise.

Mos Courts now do offer remote access to Court, which allows one to appear by telephone or video. You should contact the Clerk's office to see if you can appear by phone to prevent a bench warrant. Then, once at the hearing by remote access, you can argue against the enforcement of the fee award. You have a right to challenge it.

FDCPA does not apply here. FDCPA applies to debt collectors. The Judge is not a debt collector. The Attorney collecting the fee on his/her behalf is not a debt collector and does not fall under the jurisdiction of FDCPA. See FDCPA Section 803.